AI Structured Summary
Not yet generated for this judgment
Judgment
Savitri Ratho, J
This application under Section 439 of Cr.P.C. has been filed in connection with Orkel P.S. Case No. 441 of 2023 corresponding to G.R. Case No. 514 of 2023 pending in the court of the learned J.M.F.C., Kudumulugumma registered under Section 380 of IPC.
The prayer for bail of the petitioner and co-accused Muna Khara and Suresh Sethi @ Naka has been rejected on 22.12.2023 by the learned Sessions Judge, Malkangiri in B.A. No. 234 of 2023.
The prosecution case in brief against the petitioners is that the complainant had lodged the F.I.R. on 07.12.2023 stating that some unknown culprits had committed theft of around 10 to 15 bundles of Super Sakhti TMT rods from his Gadabaguda Godown. During course of investigation, co-accused person Debabrata Sarkar and Bhagaban Benia were arrested and 3 bundles of 12 m.m. Super Sakhti TMT rods weighing about 1 quintal 70 kgs. has been recovered from their custody and the petitioners have been arrested on the same day.
Mr. Sarbeswar Sahoo, learned counsel for the petitioner submits that the petitioner is aged about 25 years is in custody since 12.12.2023 and in the meanwhile investigation has substantially progressed. He further submits that the petitioner does not have any criminal antecedents and is being exposed to hardened criminals in jail and nothing incriminating has been seized from the petitioner. He also submits that on the basis of his implication is statement of co-accused, Bhagaban Benia and Debabrata Sarkar and that co-accused Muna Khara and Suresh Sethi @ Naka have been granted bail by this Court in BLAPL No. 381 of 2024 on 22.01.2024.
Ms. S. Mishra, learned Additional Standing Counsel opposes the prayer for bail stating that investigation is in progress and all of the stolen articles have not been recovered and the criminal antecedents of the petitioner have to be verified.
Considering the age of the petitioner, the submission that he does not have any criminal antecedents and there has been no recovery of any stolen materials from him and as the co-accused persons standing on similar footing have been granted bail in BLAPL No. 381 of 2024, I am inclined to release the petitioners on bail, subject to verification of his criminal antecedents.
The petitioner Chaitan Kukudi @ Kakudi shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verifying that he does not have any criminal antecedents, including the following conditions:
(i) He will not indulge in any criminal activity while on bail.
(ii) He will not threaten or try to influence prosecution witnesses while on bail.
(iii) He will co-operate with the investigation and report before the IIC, Orkel Police Station, once in week on every Wednesday between 4.00 p.m. to 5.00 p.m., till completion of investigation.
Violation of any condition will entail in cancellation of bail/ recall of this order.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
Copy of this order be supplied to Mr. S. Mishra, learned Additional Standing Counsel for onward transmission to the IIC, Orkel Police Station..
..…………………………….